[pp.int.general] software patents

Ole Husgaard pirat at sparre.dk
Thu Dec 17 23:02:40 CET 2009


Reinier Bakels skrev:
> In other words, I would propose that PP takes a critical stance on patents in *all* fields, not specifically in software!
>   

I agree.

But I also understand the position of those who are just against
software patents. Being a software professional, I originally had the
same opinion when I started investigating patents about ten years ago,
and got involved in the fight against software patents.

During my studies (about half of my spare time during the next five
years) I saw major problems in more and more areas, but I still believed
that patents could be good in some areas. The main problems I saw were a
constant expansion of patentable subject matter, and a constant lowering
of the threshold of non-obviousness. In most cases without any political
control, and without even the slightest consideration if it was good for
society.

Eventually, after about five years, I had to conclude that I had been
wrong - that patents always are bad for society in general, not just in
some areas.

Unlike Reinier, it was mostly economic research (both theoretic and
empirical) that made me change my mind. There is a lot of good economic
research which shows patents cause less innovation and lead to legal
cartels (because patent cross-licensing can replace the illegal cartel
agreements). But I also think that the patent system (patent offices and
patent lawyers) basically is corrupt. They make a living from the
transaction-cost of the patent system, and have managed to make patent
law so complicated that politicians have to ask patent experts (99.9% of
the patent experts are part of the patent system) before making
decisions, thus ensuring that political decisions are biased towards
more and stronger patent monopolies.

Best Regards,

Ole Husgaard.



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